Jennifer Nicole Simmons Lowrey v. Ryan Simmons

186 So. 3d 907, 2015 Miss. App. LEXIS 487, 2015 WL 5687724
CourtCourt of Appeals of Mississippi
DecidedSeptember 29, 2015
Docket2014-CA-00817-COA
StatusPublished
Cited by7 cases

This text of 186 So. 3d 907 (Jennifer Nicole Simmons Lowrey v. Ryan Simmons) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jennifer Nicole Simmons Lowrey v. Ryan Simmons, 186 So. 3d 907, 2015 Miss. App. LEXIS 487, 2015 WL 5687724 (Mich. Ct. App. 2015).

Opinion

WILSON, J.,

for the Court: ■

¶ 1. Jennifer Nicole Simmons Lowrey appeals the judgment of. the Monroe County Chancery Court terminating her ex-husband’s child support payments, including his obligation to pay college expenses, and challenges the chancellor’s manner of appointment and utilization of a guardian ad litem (GAL). Ryan Simmons cross- *910 appeals the chancellor’s decision not to terminate his alimony obligations to Jennifer retroactive to the date of her remarriage. We reverse the chancellor’s termination of child-support payments, including college expenses, and remand for further proceedings consistent with the opinion. We otherwise affirm the judgment below.

FACTS AND PROCEDURAL HISTORY

¶ 2. Jennifer and Ryan divorced in December 2008, settling all issues of property, support, and custody in a court-approved settlement agreement. Pursuant to the agreement, Jennifer and Ryan were to share joint legal custody of their daughter, Jilanna, then thirteen years old. Jennifer was given primary physical custody of Jilanna, but Ryan had specific visitation rights, including every other weekend, alternating holidays, and four weeks during Jilanna’s summer vacation. Ryan agreed to pay Jennifer $450 per month in child support until Jilanna graduated from college or, if she did not attend college, when she reached twenty-one years of age or was otherwise emancipated by the chancery court. Ryan also agreed to pay all of Jilanna’s extracurricular fees and expenses; the costs of Jilanna’s school clothing, not to exceed $500 per year; the costs of an automobile for Jilanna when she obtained her driver’s license, including insurance, maintenance, and taxes; and college expenses, excluding sorority fees. Finally, Ryan agreed to pay Jennifer alimony of $900 per month.

¶ 3. On March 23, 2012, Ryan filed a complaint in the chancery court, seeking to have the alimony provisions of the settlement agreement declared void and to have alimony payments terminated retroactively from the date of Jennifer’s remarriage in 2010. Ryan also sought to have Jennifer cited for contempt for failure to comply with the joint custody provisions of the settlement, including his visitation rights. Finally, Ryan sought to terminate or reduce his future child support obligations, including college expenses, and reduce his past child support payments. This request was based on Jilanna’s alleged refusal to have any contact with him or, in the alternative, his own reduction in income. Jennifer answered Ryan’s complaint and filed a counterclaim, seeking to have Ryan cited for contempt for failure to pay child support and alimony.

¶4. The chancellor appointed a GAL “to investigate the facts and circumstances related to any alleged refusals to visit with [Ryan] by [Jilanna] and as to the issues of the erosion of the parent/child relationship.” After interviewing the parties and Jilanna and reviewing relevant documents, the GAL issued his report. The GAL found no legal basis to recommend termination or modification of child support payments. However, he did recommend a modification of college expenses to be paid by Ryan based upon the “complete atrophy” of the father-daughter relationship. The GAL found that Ryan, as the father, “had a greater responsibility in nurturing their relationship and [was] therefore ... greater, though not solely, at fault.” However, the GAL also noted that Jilanna now “referred] to her step-father as her dad” and sometimes used his last name, Low-rey, rather than Simmons. Based on these findings, the GAL recommended that Ryan’s obligation be reduced to one-half of all college expenses not covered by financial aid. The GAL further recommended that Ryan and Jilanna attend counseling to attempt to rebuild their relationship, and if Jilanna refused or failed to attend counseling, Ryan’s obligation for college expenses should be terminated in full.

*911 ¶ 5. In January 2014, after a four-day trial, the chancellor entered a judgment resolving Ryan’s claims and Jennifer’s counterclaim. The chancellor found Ryan in contempt for his failure to pay various expenses, child support, alimony, and previously ordered attorney’s fees. He ordered Ryan to pay certain sums to Jennifer to purge himself of contempt. The chancellor also suspended, but did not fully terminate, Ryan’s obligations to pay child support and college expenses. The chancellor set a review hearing for May 14, 2014, at which time these obligations would be terminated “unless,” in the interim, “there [was] a substantial and material change in the circumstances,” i.e., “a reconciliation between [Ryan] and [Jilanna].”

¶ 6. .The chancellor also found Jennifer in contempt for her failure to discuss decisions regarding Jilanna with Ryan. However, the chancellor found that no punishment was warranted due to “mitigating factors,” namely, Jennifer’s prolonged hospitalization in 2010 and 2011 due to lung disease and a double lung transplant and her continued illness and life expectancy-of four years. During Jennifer’s hospitalization, the chancellor noted, Ryan “made no effort whatsoever, to have Jilanna ... live with him or even visit,” even though “they were living near each other.” “[I]nstead, ... Jilanna stayed with her step-father, all of which constituted inexcusable parental neglect by [Ryan] in the [chancellor’s] eyes.”

¶ 7. Following the May 14, 2014 review hearing, the chancellor entered a final judgment, reaffirming much of the judgment from January 2014. However, the chancellor noted that since the original judgment, Jilanna had made no effort to reconcile with Ryan; thus, the chancellor terminated Ryan’s future obligations to pay child support and college expenses. The chancellor subsequently entered a final corrected judgment on June 11, 2014. Jennifer timely appealed this judgment, and Ryan filed a notice of cross-appeal from ¡the same. Jennifer’s appeal challenges the chancellor’s (1) appointment of the GAL and failure to state reasons for not following his recommendations and (2) termination of Ryan’s obligation to pay child support and college expenses. Ryan’s cross-appeal challenges the chancellor’s ruling that his alimony payments did not terminate upon Jennifer’s remarriage.

STANDARD OF REVIEW;

¶ 8. “We employ a limited standard of review on appeals from chancery court.” Legacy Hall of Fame Inc. v. Transp. Trailer Serv. Inc., 139 So.3d 105, 107 (¶ 9) (Miss.Ct.App.2014) (citing Miller v. Pannell, 815 So.2d 1117, 1119 (¶ 9) (Miss.2002)). This appeal involves' questions of both law. and fact. ‘We ... will not disturb the factual findings of a chancellor when supported by substantial evidence unless we can say with reasonable certainty that -the chancellor abused his discretion, was manifestly wrong, clearly erroneous or applied an erroneous legal standard.” Biglane v. Under The Hill Corp., 949 So.2d 9; 13-14 (¶ 17) (Miss.2007) (quotation marks and brackets omitted). “We use a de novo standard when analyzing questions of law.” Id. at 14 (¶ 17).

ANALYSIS

I. Appointment of the Guardian ad Litem

¶ 9. In her first issue, Jennifer argues that the chancellor’s appointment of the GAL was reversible error because the chancellor’s order did not properly outline the role of the GAL- as required by the Supreme Court "in S.G. v. D.C.,

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186 So. 3d 907, 2015 Miss. App. LEXIS 487, 2015 WL 5687724, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jennifer-nicole-simmons-lowrey-v-ryan-simmons-missctapp-2015.